Idaho Landlord Tenant Laws
March 2, 2023
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|Required Disclosures |
Rent and Fees
Application Fees: Permitted
Rent Control: N/A
Late Fee Limit: N/A
Grace Period Minimum: N/A
Amount Limit: N/A
Return Within: 30 days
Notice: 3 days’
Permitted Times of Entry: N/A
|Fair Housing Protections |
Rent Demand Notice: 3-day pay-or-quit notice
Notice for Lease Violation: 3-day cure-or-quit notice
Unconditional Notice to Quit: 3-day notice to quit
Idaho Landlord-Tenant Law
Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Rent and Fees
- Rent Due Date: There is no statute in Idaho specifying when rent should be due.
- Application Fees: Rental application fees are not regulated in Idaho. In fact, in February of 2022, the Idaho House of Representatives passed a bill (HB 442) that would add application fees and deposits to the existing rent control ban, meaning that local governments may not enact ordinances that regulate them.
- Rent Increases: Rent control is banned in Idaho (Idaho Code § 55-307(2)).
- Late Fees: There is no statutory limit on late fees in Idaho.
- Grace Period: There is no mandatory grace period in Idaho.
- NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge 12% interest and a fee of $20 or the face amount of the check, whichever is lesser. (Idaho Code 28-22-105).
- Withholding Rent/Repair and Deduct: As per Idaho renting laws, tenants are not permitted to withhold rent or use any repair and deduct remedy.
- Deposit Limit: There is no limit on security deposits in Idaho.
- Interest: Landlords in Idaho are not required to pay interest on security deposits.
- Return Within: 30 days maximum; 21 days if the rental agreement does not specify the return period (ID Code § 6-321(2)).
- Deposit Location: If the property is managed by a third-party, security deposits must be kept in a separate bank account at a federally insured financial institution (ID Code § 6-321(4)).
- Withholding: Landlords may withhold funds from the security deposit for reasons specified in the lease agreements. No deductions may be made for normal wear and tear (ID Code § 6-321(1)).
Tenant Screening and Fair Housing Protections
- Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Idaho state law reaffirms these protections (Idaho Code § 67-5909).
- Idaho landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
- Criminal background checks may be used during tenant screening in Idaho.
- Idaho landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
- Advanced Notice: There is no law in Idaho requiring landlords to give advanced notice before entering.
- Permitted Times: Idaho state law does not designate any time-of-day restrictions for entering.
- Emergency Entry: There are no laws in Idaho regarding emergency entry without notice.
- Rent Demand Notice: 3 days to pay or quit (Idaho Code § 6-303(2)).
- Notice for Lease Violation: 3 days to cure or quit (Idaho Code § 6-303(3)).
- Unconditional Notice to Quit: 3 days to quit. According to eviction laws in Idaho, this includes the delivery, production, or use of a controlled substance on the premises (Idaho Code § 6-303(4-5)).
Other Laws and Facts About Idaho
- The median rent rate in Idaho is $2,073.
- The median rent rate in Boise is $1,900.
- In the City of Boise, an apartment rental application fee may not exceed the actual cost of screening or $30, whichever is lower (cityofboise.org).